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(영문) 서울중앙지방법원 2016.02.19 2015가단5010618
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 47,014,573 to the Defendant (Counterclaim Plaintiff) and its related amount from November 29, 2014 to December 28, 2014.

Reasons

1. On June 2, 2010, the Plaintiff entered into a franchise agreement on the operation of the “C” (hereinafter “instant franchise agreement”) (hereinafter “instant convenience store”) with a non-party Korea-related equipped company (hereinafter “non-party company”) and entered into a guarantee insurance premium agreement with the non-party company to deduct 4.5 million won from the settlement amount after advance payment by 12 months (hereinafter “instant special agreement”).

On June 17, 2010, based on the instant special agreement, employees of the non-party company concluded a guarantee insurance contract between the Defendant and the non-party company, which covers damages, etc. to the non-party company according to the instant franchise agreement, with the amount of insurance coverage of KRW 50 million and the securities number B (hereinafter “instant insurance contract”).

The Plaintiff operated the instant convenience store in accordance with the instant franchise agreement, and suspended the operation of the instant convenience store from December 9, 2010.

On December 23, 2010, Nonparty Company notified the Plaintiff that “The instant franchise agreement is terminated on the grounds of unilateral suspension of the operation of the instant convenience store.”

The non-party company filed a lawsuit against the plaintiff seeking payment of damages and settlement amount, etc. on the ground of the violation of the instant franchise agreement, as Seoul Central District Court Decision 2011Da16537, and on April 2, 2014, in the case of Seoul Central District Court Decision 2013Na12463, the appellate court rendered a judgment that "the plaintiff jointly and severally with Non-party D pay 47,014,573 won to the non-party company and 6% per annum from March 12, 2011 to April 23, 2014, and 20% per annum from the next day to the day of full payment." The plaintiff's appeal against the said judgment (Supreme Court Decision 2014Da35358) was dismissed, which became final and conclusive on October 30, 2014.

(hereinafter “previous Judgment”) Around November 28, 2014, the Defendant rendered the principal of the previous judgment to the non-party company according to the instant insurance contract on or around November 28, 2014.

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